3 ms·
> So what’s the point here? Why did SCOTUS accept to hear this? It seems like it was just taken up so that Robertas could fire up culture wars They accepted th
by gnicholas 3y ago
> So what’s the point here? Why did SCOTUS accept to hear this? It seems like it was just taken up so that Robertas could fire up culture wars
They accepted the case because they wanted to end race-based affirmative action.
In terms of the dissents, they were completely out of step with the Court’s affirmative action jurisprudence. Going all the way back to Bakke (1978), the Court has never approved of any rationale for race-based affirmative action other than the ‘diversity rationale’. This states that colleges may use affirmative action in order to improve the educational experience by admitting more students of different racial backgrounds. The dissents employed fiery rhetoric but were not shooting for the diversity rationale. As a result, their arguments were destined to fail.